SHRI SAYED MOZIBAR RAHMAN Vs. STATE OF MEGHALAYA AND OTHERS

JUDGEMENT

(1.) The writ petitioner/appellant has filed intra -court appeal against the order dated 19.08.2015 as passed by the learned Single Judge in WP(C) No.298 of 2013. The appeal is reportedly time -barred by 67 days; and the writ petitioner/appellant has filed the application seeking condonation of delay while stating his illness and pursuing of the matter in review application to be reasons for delay. In the totality of circumstances of the case, while ignoring the short delay and while taking the appeal on the regular side, we have heard the learned counsel for the appellant on merits.

(2.) Having heard the learned counsel appellant and having perused the material placed on record, we are satisfied that the intra -court appeal remains bereft of substance and does not merit admission.

(3.) The appellant's claim had been that at the time of his entry into the service in Sub -Divisional Office, PWD (R&B) in the year 1973, his date of birth was recorded as 01.10.1952. The appellant submitted that in the year 2007, the Executive Engineer, PWD (R), Nongpoh, circulated the particulars of the staff with date of entry into service and date of superannuation etc., where his name appeared at serial number 8 with his date of birth as 01.10.1952. However, by the letter dated 23.01.2008, the appellant was asked to submit his original birth certificate as inconsistency was found in the service book where his date of birth was found recorded as 01.10.1949. The appellant allegedly submitted the copy of the admit card and duplicate school certificate as issued on 10.12.2007 and claimed that the original certificate was lost in floods. However, with reference to a communication from the Secretary, Board of Secondary Education Assam that as per record, the appellant's age, as on 01.03.1968, was 18 years 5 months, the department maintained that his date of birth was 01.10.1949 and hence, his date of superannuation was 31.09.2007. Accordingly, by way of a communication dated 08.07.2008 from the Executive Engineer, PWD (R), Nongpoh, the appellant was asked to submit his pension papers.